Please explain what you meant by discretion.
otherwise, RTI is not valid wherever matter of national security/interest is involved. The fact that RTI application is entertained itself shows that the matter is not related to security/confidential information at least. So, would kindly suggest you to read the complete text of my previous mail to understand the matter.
Thank You
Sumit Jha
From: Achintya Nath Sexena <achintyanath@gmail.com>
To: national-rti-forum@googlegroups.com
Cc: nationalrtiforum@gmail.com; humjanenge@googlegroups.com
Sent: Fri, 7 January, 2011 1:51:30 PM
Subject: Re: [national-rti-forum:683] False information by Indian Army (PA) to Information Commissioner during 2nd Appeal
Kindly use discretion while using the power of RTI against the Army. It is after all the foremost institution for National Security.
Regards
Achintya Nath Sexena
--Dear Members,
I am sure, all of you will be surprised to know the extent to which Indian Army can go to avoid providing information under RTI, Act. In this matter, when I filed appeal to CIC against the orders of FAA and CPIO, the representatives of the Public Authority (Indian Army) namely Brig. Ved Prakash and Col. Ajay gave false information to the Information Commission. Based on this information, IC decided my appeal which ultimately went against me. I recently filed another RTI Application to Indian Army and the CPIO's reply clearly shows that the information provided by the Army Representatives to IC was false/wrong. So, today I sent a complaint to the Information Commissioner with a copy to Chief Information Commissioner with the request to direct Indian Army to provide me with the information sought and that CIC should initiate/recommend legal action against the representatives of the PA who provided false information.
I have given below the exact matter in brief. This is for your information and comments.
Thank You
Sumit Jha
New Delhi
-----------------Matter in Brief-------------
In Indian Army it is a rule that Brigadier and above rank officers have to take prior permission from competent authority of Army in order to join commercial employment, if they wish to join within two years of retirement.
So, I had sought to know from the CPIO, Indian Army, whether Brig. ABC had sought permission from the competent authority as per rules before taking up a job with a private organisation after his retirement. The CPIO had refused to disclose this information in terms of section 8(1)(e) of the RTI Act (Information held in fiduciary capacity). The AA had upheld the decision of CPIO.
I appealed against the order of AA to CIC, heard on 4.2.2010. Col. Ajay, representing PA, submitted that the records relating to the present matter are retained by the Army authority only for a period of 03 years and since the matter is of 2002, these records have been destroyed and so not possible to provide any information.
Decision of IC, Shri M.L.Sharma: The denial of information on the ground of the requested information being kept in fiduciary capacity is not sustainable in law. However, given the fact that the PA is not retaining the relevant records, at present, appeal has become purely of an academic interest. Hence the matter is closed.
PRESENT MATTER: I recently filed another RTI Application with CPIO, Indian Army, to know about the period for which such information is kept. The CPIO informed me that such information is kept for FIFTEEN years. As per information, even after fifteen years, when the file is destroyed, certain information is noted down in the veteran register to meet future requirement. A copy of the letter is attached.
THEREFORE it is very clear that the public authority not only provided false information to the Hon'ble Information Commissioner but tried to dissuade him from taking the right decision by taking concocted pleas. Also, PA deliberately tried not to reveal the information despite provisions in the RTI Act.
My Submission:
- PA may kindly be directed to provide me with the complete information at the earliest.
- The Central Information Commission may kindly recommend/initiate suitable legal action against the PA for providing wrong information to the Hon'ble Information Commissioner, thereby trying to subvert the decision making process of the commission.
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